Biotechnology and IP

By

Dr. Kalyan C. Kankanala,

Blog: www.bananaip.com/sinapse-blog

“Biotechnology can transform humanity provided humanity wishes to be transformed.”

-Geoffry Carr

Arguments

Ignore

Deny

Balance

Advantage

A is accused of stealing diamonds from B

Available evidence

A was seen running from B's house at the time of theft.

A was caught by police in possession of Diamonds.

A had asked B to sell the diamonds about ten times before the theft.

What is Biotechnology?

What is Biotechnology?

The World Intellectual Property Organization (WIPO) defines biotechnology as any technology using living entities, in particular animals, plants, or microorganisms,

What is Biotechnology?

Any technology that uses living organisms to make or modify a product, to improve plants or animals, or to develop microorganisms for specific uses.

Office of Technology, U. S. Congress

What is Biotechnology?

"The application of science and technology to living organisms as well as parts, products and models thereof, to alter living or non-living materials for the production of knowledge, goods and services." (OECD).

Why is Biotechnology Unique?

Why is Biotechnology Unique?

Involves living organisms

Diverse fields

Long gestation period

Morals and Ethics

Fear of the unknown

Arguments

Intellectual Property protection must not be afforded to biotechnology inventions involving living organisms because

The modification may cause harm to them;The results of such inventions may prove to

be harmful to human beings; andMan does not have the right to play god by

modifying living organisms.

Arguments

Biotechnology inventions and creations must be protected under the IP regime because research in the field requires very high investment and takes a long time.

Arguments

Biotechnology inventions must not be protected under the IP regime because their protection would stifle research and prevent access to medical treatment.

What are Various types of IP?

Rationale for their protection

Types of IP

Patents

Copyrights

Trademarks

Trade Secrets

Plant Varieties

Geographical Indications

Traditional Knowledge

Biodiversity

IP and Biotechnology

What are the types of IP that can protect Biotechnology?

Rationales for protecting Biotechnology

Economic

Moral

Utilitarian

What is the real issue?

Is it human psychology?

Questions???

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